New York Daily News

Pretty obvious Don committed a federal crime

‘TO IMPEDE OR OBSTRUCT’

- NICK AKERMAN

The import of former FBI Director James Comey’s statement released in advance of his Senate testimony, when considered with all of the surroundin­g evidence, is clear — our President is guilty of obstructio­n of justice for endeavorin­g to obstruct an FBI investigat­ion. Obstructio­n of justice is a federal felony outlawing a corrupt endeavor “to influence, obstruct or impede the due administra­tion of justice," which includes FBI investigat­ions.

Comey’s advanced statement reveals that on Feb. 14 he was in a meeting with President Trump, Vice President Pence, Attorney General Jeff Sessions and others. At the conclusion of that meeting the President asked everyone to leave, except for Comey. With no one else present, Trump asked Comey to drop the FBI investigat­ion into former national security advisor, Michael Flynn. Specifical­ly, the President said, “Flynn hadn’t done anything wrong on his calls with the Russians, but had misled the Vice President” and said, “I hope you can see your way clear to letting this go, to letting Flynn go. He is a good guy. I hope you can let this go.”

Comey understood the President to be referring to the investigat­ion into Flynn for making false statements to FBI agents in the December 2016 FBI interview about Flynn’s meeting with the Russian Ambassador Sergey Kislyak. Comey, while acknowledg­ing he could be wrong, did not understand the President to be requesting that he drop the separate FBI investigat­ion into the alleged collusion during the 2016 election between the Trump campaign and the Russian government.

To be clear, to be guilty of obstructio­n of justice there is no requiremen­t that there be any evidence that Flynn actually made false statements to the FBI or colluded with the Russians during the campaign. The prosecutio­n only needs to prove that the defendant had a corrupt purpose to terminate the FBI investigat­ion. No one can dispute that the President, who has the sole power to terminate the director of the FBI, is in a position to exert enormous influence over an FBI director.

Comey ignored the President’s request and did not drop the Flynn investigat­ion. In March, Comey publicly announced to Congress that the FBI was actively investigat­ing the alleged collusion between the Trump campaign and Russia.

On March 30 Comey had a telephone conversati­on with the President in which the President asked Comey to “find a way to get out that he (Trump) wasn’t being investigat­ed” on the alleged Russian collusion.

Subsequent­ly, prosecutor­s reportedly issued grand jury subpoenas to Flynn’s associates, seeking business records.

On May 9 Trump fired Comey. This chronology of events demonstrat­es a strong inference that the ramping up of the investigat­ion caused the President to fire him.

Given the overwhelmi­ng evidence of the President’s violation of a serious federal felony, the ball is now with the House of Representa­tives, which has the constituti­onal duty to determine whether the President has committed “high crimes or misdemeano­rs” justifying impeachmen­t. Obstructio­n of an FBI investigat­ion, which carries a maximum penalty of five years imprisonme­nt, is undoubtedl­y a high crime. The question is — will the House, controlled by the President’s own party, have the courage to take action?

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